On This Page You Will Find
- Overview of organised criminality under Canadian law
- How membership in an organised crime group is assessed
- Acts that lead to inadmissibility
- Exceptions and when a TRP may apply
- How officers decide cases
- Frequently asked questions
Understanding Canada’s Rules on Involvement in Organised Criminality
Canada can declare a permanent resident or foreign national inadmissible for involvement in organized criminality under the Immigration and Refugee Protection Act. This form of inadmissibility applies to people linked to organized crime groups or those who engage in certain transnational crimes.
A finding of inadmissibility prevents a person from entering or remaining in Canada unless they qualify for an exception or obtain a Temporary Resident Permit.
1. Membership or Association with an Organized Crime Group
A person may be found inadmissible if they are a member of a group that, on reasonable grounds, is believed to be or to have been involved in a pattern of organised criminal activity. The criminal activity must consist of planned, coordinated acts carried out by multiple people for the purpose of committing crimes punishable by indictment in Canada. This also applies to activities that took place abroad but would be indictable offences if committed in Canada.
What “membership” means
Membership is interpreted broadly. It includes anyone who purposely takes part in a group’s activities or benefits from them, including:
- people who work for the group on a full-time or near-full-time basis
- people who regularly associate with known members
- people connected to the group who do not commit offences themselves
- people involved directly, indirectly or on the periphery
- people with a minor role who still profit from the group’s actions
- people working for a legitimate business known to be controlled by the group
- people acting on the group’s behalf without formal membership
People with no knowledge of the group’s criminal activities will not be found inadmissible.
Exception for national interest
A person in this category may avoid inadmissibility if their presence in Canada is not contrary to the national interest. The most common pathway to demonstrate this is through a Temporary Resident Permit.
Exception for entering Canada with the help of a smuggler
A person is not inadmissible solely because they entered Canada with assistance from someone linked to an organised crime group.
2. Involvement in Transnational Criminal Acts
A person may also be found inadmissible if they engage in:
- people smuggling
- human trafficking
- money laundering
- any other transnational criminal act
These activities may occur inside or outside Canada. What matters is the nature of the act, not the location.
Exception for smuggling assistance
As with the first category, a person is not inadmissible if their only connection to organized crime is that they used a smuggler to enter Canada.
How Officers Determine Organized Criminality
Immigration officers must rely on “reasonable grounds to believe,” which is a well-established legal standard. It means the officer must hold a true belief, based on credible evidence, that there is a serious possibility the person or group is engaged in organised criminal activity.
This is lower than the criminal standard of proof but requires more than speculation, suspicion or unverified information.
Evidence may include:
- intelligence reports
- court documents
- law-enforcement information
- credible third-party sources
- financial or communications records
Past criminal activity may also be considered if it demonstrates an ongoing pattern.
When a Temporary Resident Permit May Be an Option
People who fall under the first category may still enter Canada if they demonstrate that their presence is not contrary to the national interest. A Temporary Resident Permit may be issued in limited cases, depending on the purpose of travel and the level of risk.
Those involved in transnational criminal acts such as trafficking or money laundering generally have far fewer options and are unlikely to be granted a TRP.
Frequently Asked Questions
What counts as an organized crime group under Canadian law?
A group is considered to be engaged in organized criminal activity if several people work together to commit serious offences punishable by indictment. The group can operate in or outside Canada, and past criminal activity can be included if it forms part of a pattern.
Can someone be inadmissible even if they did not commit a crime themselves?
Yes. Canada can find a person inadmissible if they knowingly associate with or benefit from an organized crime group’s activities. Direct participation is not required, as long as there is purposeful involvement or profit from the group’s operations.
What is the difference between people smuggling and human trafficking?
People smuggling typically involves helping someone enter a country illegally, often with consent and for payment. Human trafficking involves exploitation, coercion or control. Both activities can result in inadmissibility for organized criminality.
What does “reasonable grounds to believe” mean?
It means an officer must have a true belief, based on credible evidence, that there is a serious possibility the person or group is involved in organized criminal activity. The standard is lower than criminal proof but higher than simple suspicion.
Can someone avoid inadmissibility if they used a smuggler to enter Canada?
Yes. If the only connection to organized crime is that the person relied on a smuggler to enter Canada, they are not inadmissible for organized criminality. However, other grounds of inadmissibility may still apply depending on the circumstances.
